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      The Education for All Handicapped Children Act (sometimes referred to using the acronyms EAHCA or EHA, or Public Law (PL) 94-142) was enacted by the United States Congress in 1975. This act required all public schools accepting federal funds to provide equal access to education and one free meal a day for children with physical and mental disabilities. Public schools were required to evaluate children with disabilities and create an educational plan with parent input that would emulate as closely as possible the educational experience of non-disabled students. The act was an amendment to Part B of the Education of the Handicapped Act enacted in 1966.
      The act also required that school districts provide administrative procedures so that parents of disabled children could dispute decisions made about their children's education. Once the administrative efforts were exhausted, parents were then authorized to seek judicial review of the administration's decision. Prior to the enactment of EHA, parents could take their disputes straight to the judiciary under the Rehabilitation Act of 1973. The mandatory system of dispute resolution created by EHA was an effort to alleviate the financial burden created by litigation pursuant to the Rehabilitation Act.
      PL 94-142 also contains a provision that disabled students should be placed in the least restrictive environment-one that allows the maximum possible opportunity to interact with non-disabled students. Separate schooling may only occur when the nature or severity of the disability is such that instructional goals cannot be achieved in the regular classroom. Finally, the law contains a due process clause that guarantees an impartial hearing to resolve conflicts between the parents of disabled children to the school system.
      The law was passed to meet four huge goals:

      To ensure that special education services are available to children who need them
      To guarantee that decisions about services to students with disabilities are fair and appropriate
      To establish specific management and auditing requirements for special education
      To provide federal funds to help the states educate students with disabilities
      EHA was revised and renamed as the Individuals with Disabilities Education Act in 1990 for improvement of special education and inclusive education.


      Functional relationship between EHA, the Rehabilitation Act, and the equal protection clause


      The Supreme Court decided that EHA would be the exclusive remedy for disabled students asserting their right to equal access to public education in Smith v. Robinson, 468 U.S. 992 (1984). The petitioner, Tommy Smith, was an eight-year-old student who had cerebral palsy. The school district in Cumberland, Rhode Island originally agreed to subsidize Tommy's education by placing him in a program for special needs children at the Emma Pendleton Bradley Hospital. The school district later decided to remove Tommy from that program and send him to the Rhode Island Division of Mental Health, Retardation and Hospitals, which was severely understaffed and underfunded. This transfer would have effectively terminated Tommy's public education. Tommy's parents appealed the school district's decision through the administrative process created by EAHCA. Once the administrative process was exhausted, the Smiths sought judicial review pursuant to the EAHCA, § 504 of the Rehabilitation Act, and 42 U.S.C. § 1983.
      The United States Supreme Court held that the administrative process created by EHA was the exclusive remedy for disabled students asserting their right to equal access to education. "Allowing a plaintiff to circumvent the EHA administrative remedies would be inconsistent with Congress’ carefully tailored scheme...We conclude, therefore, that where the EHA is available to a disabled child asserting a right to a free appropriate public education, based either on the EHA or on the Equal Protection Clause of the Fourteenth Amendment, the EHA is the exclusive avenue through which the child and his parents or guardian can pursue their claim." The court based its decision on a contextual analysis of the applicable statutes. To permit a student to rely on § 504 or the § 1983 would be to effectively eliminate the EHA, because it would circumvent the EHA’s requirement that petitioners first exhaust their administrative options before seeking judicial intervention.
      In the face of this Supreme Court decision, the United States Congress passed an amendment to the EHA which explicitly overruled the Supreme Court's decision in two ways: (1) The amended law allowed parents to collect attorney's fees upon winning a case against the school. (2) The amended law permitted parents to bring a lawsuit under either EHA, § 504, or § 1983 once the administrative remedies had been exhausted.


      Attempt to weaken EHA


      In the 1980s, the Reagan administration attempted to weaken EHA, but Patrisha Wright and Evan Kemp Jr. (of the Disability Rights Center) led a grassroots and lobbying campaign against this that generated more than 40,000 cards and letters. In 1984, the administration dropped its attempts to weaken EHA; however, they did end the Social Security benefits of hundreds of thousands of disabled recipients.


      References


      Breakthrough:Federal Special Education Legislation, 1965-1981, Edwin W. Martin, Bardolf& Co., Sarasota, FL. 2013.

      Legislation: Understanding and Using Statutes (ISBN 1-58778-950-7)
      Smith v. Robinson, 468 U.S. 992 (1984)
      Gregory, R., J. (2007). Psychological Testing: History, Principles, and Applications. Psychological Testing and the Law. 5th ed.
      Notes


      External links


      Article on EAHCA
      Text of the 1975 "Education for All Handicapped Children Act"

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    Education for All Handicapped Children Act - Wikipedia

    The Education for All Handicapped Children Act (sometimes referred to using the acronyms EAHCA or EHA, or Public Law (PL) 94-142) was enacted by the United States Congress in 1975. This act required all public schools accepting federal funds to provide equal access to education and one free meal a day for children with physical and mental ...

    A History of the Individuals With Disabilities Education Act

    Feb 16, 2024 · On November 29, 1975, President Gerald Ford signed into law the Education for All Handicapped Children Act (Public Law 94-142), or the EHA. The EHA guaranteed a free, appropriate public education, or FAPE, to each child with a disability in every state and locality across the country.

    The Education for All Handicapped Children Act of 1975

    Sep 10, 1980 · Amendments to the Education of the Handicapped Act to improve educational services in local public schools for children with mental, physical, emotional, and learning handicaps require that free appropriate public education be available for all handicapped children.

    Education For All Handicapped Children Act (1975 - S. 6)

    Feb 14, 2025 · The act was an amendment to Part B of the Education of the Handicapped Act enacted in 1966. The act also required that school districts provide administrative procedures so that parents of disabled children could dispute decisions made about their children’s education.

    About IDEA - Individuals with Disabilities Education Act

    The Individuals with Disabilities Education Act (IDEA) is a law that makes available a free appropriate public education to eligible children with disabilities throughout the nation and ensures special education and related services to those children.

    H.R.7217 - A bill to amend the Education of the Handicapped ...

    Education for All Handicapped Children Act - States the findings of the Congress, including that: (1) the special educational needs of handicapped children are not being fully met; (2) one million of the handicapped children in the United States are excluded entirely from the public school system and will not go through the educational process ...

    Education for All Handicapped Children Act | United States ...

    With the Education for All Handicapped Children Act of 1975—and with corresponding legislation in states and communities—facilities, program development, teacher preparation, and employment training for the handicapped advanced more rapidly and comprehensively than in …